‘Pot’ decriminalization amendment offers little help to seller

The amendment that decriminalized the possession of small amounts of marijuana in Massachusetts didn’t decriminalize possession of the drug for distribution.

So said Quincy District Court Judge Mark S. Coven, ruling in a case that arose after police stopped a car exuding the aroma of marijuana. The driver told the officer that there was marijuana in the glove compartment. The officer found 15 bags of the drug, for a combined weight of less than one ounce.

When the driver was arrested and charged with possession of marijuana with intent to distribute in violation of G.L.c. 94C, §32C, he argued that, if possession of one ounce or less of pot is no longer a crime, possession with intent to deliver the same amount also is not illegal.

But Coven wasn’t buying that argument.

“The statute makes clear that there are a number of exceptions to the amendment which decriminalized the possession of … one ounce [or less] of marijuana,” the judge wrote. “That statute left in place all laws concerning (1) the operation of a motor vehicle or other actions taken while under the influence of marijuana, (2) the unlawful possession of prescribed forms of marijuana, (3) the possession of more than one ounce of marijuana, (4) selling, (5) manufacturing and (6) trafficking marijuana.”

While those statutory exemptions don’t specifically exempt the charge of possession with intent to distribute, “the language of the statute makes clear that the law was not intended to repeal any law concerning the sale of marijuana,” Coven said.